What is the test for establishing an implied easement on a parcel of land where there is no prior use of the easement?

California, United States of America


The following excerpt is from Los Angeles County v. Bartlett, 203 Cal.App.2d 523, 21 Cal.Rptr. 776 (Cal. App. 1962):

As observed in Fristoe v. Drapeau, supra, 35 Cal.2d 5, 8-9, 215 P.2d 729, evidence of prior use, or the conveyance of land by reference to a map or plat showing access to proposed streets, has been held sufficient to support a finding of the existence of an implied easement. In the case at bar the evidence [203 Cal.App.2d 531] shows no prior use of the claimed easement. All of the tract maps received in evidence show that the subject property had no access to any proposed street, alley or right of way. Indeed, they indicate that there was to be no dedication of any of the property which adjoins the subject lot on three sides.

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